Legal Definitions - in jure alterius

In jure alterius is a Latin legal phrase that translates to "in another's right." It describes a situation where an individual or entity exercises a legal right, power, or authority that does not inherently belong to them, but rather is derived from, held for, or exercised on behalf of another person or entity. Essentially, it means acting with the legal standing or authority that originates from someone else.

Here are some examples to illustrate this concept:

• Example 1: A Legal Guardian for a Minor

  Imagine a situation where a court appoints a legal guardian for a child whose parents are unable to care for them. This guardian is responsible for making decisions about the child's education, healthcare, and managing any property the child might own.

  The guardian is acting in jure alterius. They do not personally own the child's property or have the inherent right to make these life decisions for themselves. Instead, they exercise these rights and responsibilities solely on behalf of, and for the benefit of, the child. Their authority is derived from the child's legal standing and the court's order, not from their own personal rights.

• Example 2: An Executor of an Estate

  When a person passes away, their will often names an executor to manage their estate. The executor's duties include collecting assets, paying debts, and distributing the remaining property to the beneficiaries according to the will.

  The executor operates in jure alterius. The assets and legal rights associated with the estate do not belong to the executor personally. The executor's authority to sell property, settle accounts, or transfer funds comes from the deceased person's will and the legal process of probate, all exercised on behalf of the estate and its beneficiaries.

• Example 3: An Agent Acting for a Principal

  Consider a business owner who authorizes an agent to negotiate and sign a contract with a supplier on their behalf. The agent has been given specific power to act in this transaction.

  The agent is acting in jure alterius. The agent does not personally own the business or have the inherent right to enter into contracts for it. Their power to negotiate and sign the contract is granted by the business owner (the principal) and is exercised on the owner's behalf and in their legal right. The legal consequences of the contract bind the principal, not the agent personally.